by Ron Kutak, Guild Executive Director

Improper payment for overtime has been a long-standing problem within the Editors Guild. Many members working in picture editorial, especially in Los Angeles, have been pressured in one way or another to work unpaid overtime. Not only is this a violation of our agreements, but it's a violation of California state law. It's time for the Guild to put an end to these abuses. But we can only do so with your help.

First, why is the problem primarily found in picture editorial, and why in Los Angeles? The answer lies both in how our contract guarantees are structured, and in differences between employment conditions from classification to classification.

Members employed under the re-recording portion of our agreements typically work together in groups at fixed hourly wages, either on sessions or at studios in what amounts to regular employment. Overtime abuses are rare because the entire crew goes into overtime simultaneously and they gain strength from unanimity. Projectionists also work hourly, fill out time cards, and generally do not have overtime problems.

In New York the entire picture editing crew works on a fixed hourly wage for a 40-hour week. Everyone goes into overtime at roughly the same time and after the same number of hours on the clock. All fill out time cards, including editors. When editors demand overtime for themselves they simultaneously expect overtime to be paid properly for their crew.

But in Los Angeles, the situation is different. The picture editor works "on call" -- they are professional employees, ostensibly set their own hours and are exempt from the wage and hour laws. The guarantee is for a five-day week but not, as many believe, for 56 hours of work. In fact, there is no record of hours kept and the 56-hour figure is only used for the purpose of health and pension contributions. Anyone in an on call classification can work unlimited hours during a five-day week, but there is a wrinkle in our agreement that provides overtime payments after 12 hours. The payment is based on a different rate, the "staff editor" rate, because there is no hourly rate for an on call editor and thus no way to compute the value of overtime hours. Many picture editors do not know that they are entitled to this overtime or do not put in for it.

Meanwhile, the L.A. assistant is on a 45-hour guarantee, (40 hours at straight time and five hours of guaranteed overtime), and the apprentice, if one is employed, is on a normal, 40-hour week. The result of these rules is a disconnect between the classifications, which often leaves the assistant and apprentice in a tough spot. The employer won't approve overtime, and the editor is working up to 12 hours at his or her on call rate. This results in pressure on the assistant and the apprentice to work more than their guarantee without overtime. The responsibility to the job and to the editor collides with the unwillingness of the company to approve overtime, and the assistant or apprentice works into the night, unpaid.

A similar problem also occurs to a minor extent among sound editors, who are sometimes asked to work on call. But conditions for the on call rate are very specific. Unless you are a supervising sound editor, supervising "groups of editors," you cannot be placed on an on call schedule and must be paid hourly. A supervising sound editor working on a single show cannot be employed at an on call rate.

It's time for us to stop these abuses. When we sign a contract with an employer, they insist that we live by it. We must make the same demand upon them. But we can only do so if editors and assistants report problems to the office. It's understandable that an assistant might not want to create an issue over his or her individual overtime -- but it's our job to protect you from reprisals and to keep your complaints confidential, as needed.

Assistants and apprentices must properly fill out their timecards. Simply writing "worked," omitting hours on the card or accepting "comp time" are all either violations of the contract or the law. In addition, it's illegal for anyone to change your timecard after you have properly filled it out. Editors are especially critical in this process: They must be cognizant of the assistant's position and stand up for him or her. And they should be sure that they get their own overtime payments after 12 hours.

All post-production classifications have seen their jobs grow more complex and demanding in the last decade. Our skills and productivity have increased exponentially, and demands on our time continue to grow. The only tool we have to limit this is overtime pay. If we are willing to work into the night without compensation, that is exactly what will happen to us. All of us must work together to make sure that everyone is paid fairly, according to contract.

If you are being pressured to work overtime without pay, please talk to a board member, your editor or your fellow workers. Then call one of our offices and speak to a field representative (for a list of numbers, see contact list). We have many creative ways to deal with these circumstances and we're eager to help. We understand the sensitivity of the situation, and your initial call will be kept in complete confidence. The law and the contracts are on our side. But if we don't know about a problem we can't help solve it.